Copyright Drums from former bandmate

KJ5150

Junior Member
Hey Guys looking for some advice, YES i did search but didn't really find the answers. So i am in a band and have written about 8 songs that will be release soon on our new CD. The previous drummer has decided (who is no longer with us) wants to have credit for writing the structure, i was like WTF...our new drummer is a way better musician and has totally redone the way the songs were played, but he still insists that HE wrote the beat and structure and wants credit for it....to me that just sounds idiotic. Now i do have jam recordings that i have kept and he thinks that because we have crappy recordings its all copyritten etc.
 

bermuda

Drummerworld Pro Drummer - Administrator
Staff member
IF he actually created completely unique rhythms for these songs... well, I can stop there. I'm confident that whatever he did has been done before, particularly if being implemented in the context of music intended to be commercial on any level.

Writing is credited based more on agreement than actual musical input. Did the previous drummer have such an agreement? I thought not.

Bermuda
 

WallyY

Platinum Member
He might be correct. We don't know. Maybe you can have him come on here and give his side of the story.

If he is correct, will you give him the credit he asks, or no?
 

KJ5150

Junior Member
There was no agreement between us, if fact originally he was only supposed to be a fill in drummer nothing more until he decided to stay on and try and be permanent. We did not see eye to on certain factors, i will admit i am not the easiest guy to work with, but i am not out to bash any previous members, Just looking to the clear the air. We jammed and i recorded the jams like allot of bands do during rehearsal just so the next week we could maybe work on certain songs. He seem to think now that the new songs have been officially with the new members that he should be credited for writing structure, but the New Drummer has changed the arrangements and does not even sound the it did originally, so right there i would say no go.
 

larryace

"Uncle Larry"
Keep copies of the tracks the former guy did and keep tracks of how they are now, in case you have to prove yourself. That may never happen, but if it does, you're covered. If in fact, the parts are that different, then you could say to the first guy....but we didn't use your parts, here listen.
 

Bull

Gold Member
Would you credit a lyricist for lyrics that you didn't use?

You can't copyright a beat. anyway.

The guy who registered the 4 on the floor would own the earth.
 

bermuda

Drummerworld Pro Drummer - Administrator
Staff member
If he really wants to be part of the future profits, cut him in. Also make sure he fronts his share of the expenses to record, manufacture, and distribute the product. I'm sure he'll change his tune.
 

Dr_Watso

Platinum Member
If you're friends and actually did value some of his input to the originals, then just give a shout on the CD fold.

"Special thanks to (insert old drummer name) for his part in writing and arranging tracks (insert tracks he should get a nod for)."

Doesn't hurt anything to give a shout, gives him a little "credit" (whatever that's worth...) and you get to feel good about being a nice dude.
 

bermuda

Drummerworld Pro Drummer - Administrator
Staff member
Let me add a more personal perspective. My parts to original songs appear on more than a few albums, and I have no illusions about trying to claim composing or arranging credit on them. I don't think there's any audacity on the part of your old drummer, but he's barking up the wrong tree in wanting a piece of anything if he didn't actually write or participate in a recording for sale.

Bermuda
 
M

Matt Bo Eder

Guest
And on the other hand, everything about this is speculative anyway. There are a million people who write songs and print up CD's with hopes that people will buy. Well, making the music is just the first battle. The second battle is getting it out to people so they can hear it and hopefully buy it. If nobody buys your CD, I'd say you guys are still in the same boat as if you never made a CD.

Sorry to be the dark horse about it, but that is still a truism.

Go on the internet and read about both contract law and copyright law and get educated anyway.
 

KJ5150

Junior Member
Hey i totally appreciate all the honesty, i have looked into it, i got an email back from the Intellectual Board of Canada and they confirmed that he cannot claim anything as we did not use his parts and is irrelevant to be credited in any way. If we had played the exact same way as he did, then Yes i could see some conflict of interest there, thanks again you all were very informative.
 
D

drumming sort of person

Guest
Guess what share of "50 Ways to Leave Your Lover" Steve Gadd has?
 

Tommy_D

Platinum Member
You can't copyright a beat. anyway.
Tell that to the "Amen Break" guys.
http://www.huffingtonpost.com/network-awesome/creativity-endures-the-am_b_1448382.html


Anyway, the situation the OP describes sounds a lot like G'n'R before the Use Your Illusion albums. Steven Adler, the original drummer of the band, was a part of the band when they were rehearsing and arranging the UYI songs, but was kicked out due to excessive drug use. They replaced him with Matt Sorum and recorded the albums. Supposedly some of the drumming on certain songs are direct copies of the rehearsed songs with Steven Adler, others are Matt Sorum's arrangements... Dum, Dumdumdum...

http://teamrock.com/feature/2016-09-17/the-chaotic-crazed-story-of-guns-n-roses-use-your-illusion
 

w3r1_drums

Senior Member
Would you credit a lyricist for lyrics that you didn't use?

You can't copyright a beat. anyway.

The guy who registered the 4 on the floor would own the earth.
wait, is this copyrighted yet?


Off to copyright a beat guys......
 

Tommy_D

Platinum Member
It's a sample. The recording is copyrighted,not the beat itself. :)
I know. I think they tried to copyright the beat so they could get paid on every song that used that style of beat. Unfortunately, "A little less Conversion" by Elvis Presley used that beat a year before they did, so...
 
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